Puspan. L. 110–140, title XI, § 1111, Dec. 19, 2007, 121 Stat. 1757, provided that:
Statutory Notes and Related Subsidiaries
Advanced Technology Locomotive Grant Pilot Program
“(a)In General.—The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a pilot program for making grants to railroad carriers (as defined in section 20102 of title 49, United States Code) and State and local governments—
“(1) for assistance in purchasing hybrid or other energy-efficient locomotives, including hybrid switch and generator-set locomotives; and
“(2) to demonstrate the extent to which such locomotives increase fuel economy, reduce emissions, and lower costs of operation.
“(span)Limitation.—Notwithstanding subsection (a), no grant under this section may be used to fund the costs of emissions reductions that are mandated under Federal law.
“(c)Grant Criteria.—In selecting applicants for grants under this section, the Secretary of Transportation shall consider—
“(1) the level of energy efficiency that would be achieved by the proposed project;
“(2) the extent to which the proposed project would assist in commercial deployment of hybrid or other energy-efficient locomotive technologies;
“(3) the extent to which the proposed project complements other private or governmental partnership efforts to improve air quality or fuel efficiency in a particular area; and
“(4) the extent to which the applicant demonstrates innovative strategies and a financial commitment to increasing energy efficiency and reducing greenhouse gas emissions of its railroad operations.
“(d)Competitive Grant Selection Process.—
“(1)Applications.—A railroad carrier or State or local government seeking a grant under this section shall submit for approval by the Secretary of Transportation an application for the grant containing such information as the Secretary of Transportation may require.
“(2)Competitive selection.—The Secretary of Transportation shall conduct a national solicitation for applications for grants under this section and shall select grantees on a competitive basis.
“(e)Federal Share.—The Federal share of the cost of a project under this section shall not exceed 80 percent of the project cost.
“(f)Report.—Not later than 3 years after the date of enactment of this Act [Dec. 19, 2007], the Secretary of Transportation shall submit to Congress a report on the results of the pilot program carried out under this section.
“(g)Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Transportation $10,000,000 for each of the fiscal years 2008 through 2011 to carry out this section. Such funds shall remain available until expended.”